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Your weekly newsletters

 

 

Each week, you receive two newsletters. These newsletters are packed with content relating to labour relations and management tips. Below is an example of a Tuesday newsetter, outlining proactive measures of labour practice.

 

16 July, 2013

Hi Members,

 

In the first four months of 2013, a high number of retrenchment cases was brought forward to the CCMA, mostly from the mining, manufacturing and finance sectors. With 79% of these cases referred to the CCMA dealing with unfair dismissals, could this be a sign of possible economic hardship to come?

Businesses are under pressure to perform and because of this, the tension in the workplace rises. To ensure that your business is focused on operations and growth, and not infighting, try these proactive measures of positive labour practice:

 

 

The probation period

It is advised that businesses start hiring employees on a probationary period. The probation period is usually three months long but is also dependent on the nature of the job. This period is established to monitor the progress of employees.

Probation will help employers to establish whether or not to renew the employee contract if they are unhappy with the standard of work.

If you find that you are not satisfied with the employee’s performance, a meeting should be set up to remedy the situation and to define the goals and standards that the employee should strive towards. Remember, each meeting needs to be kept on record.

 

 

A Code of Conduct needs to be in place

As obvious as it is, employees need to be made aware of the various policies and codes of conduct in the workplace. This is the employers’ responsibility, and should be embraced as good, proactive management practice. On the up side, with these requirements in place, if an employee fails to deliver, then a dismissal is fair.

 

Strong management and effective communication within the company should help ease this tension in the workplace, drawing focus back to productivity.

 

Have a great day and week!

Regards,

Mikhaila

 

Your fact of the week

"Last year the CCMA recorded 13 000 cases in one month."

 

Have you seen our latest templates?

Smoking policy

Operational requirements termination agreement

 

From the forum

When an employee is demoted, are they paid on the lower rate for the new position?

 

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“I do enjoy reading all your mails as I feel I sometimes might have a question and then it is discussed that I can only learn from this.”

- Elize Groenewald, Blue Marine Frozen Foods

 

“Thank you so much for the links and the advice, it will definitely assist me in my preparations. The speed of your response is highly appreciated.”

- Robert Hendricks, Health Systems Trust


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Your News Update

New amendments to Unemployment Insurance Act

 

 

Below is an example of a Thursday newsletter. This newsletter includes a video tutorial by our labour expert, Andrew Breetzke and a quiz on the relevant topic. In this newsletter, Andrew discusses Operational Requirement Terminations.

 

11 July, 2013

Hi Members,

 

We have had many member queries regarding retrenchments and the process to be followed – I thought it would therefore be a good idea to revisit the important principles behind this process.


Click here to watch this week's tutorial

 

As a start, the Labour Relations Act 1995 (LRA) sets out three possible grounds of termination: misconduct, incapacity and operational requirements. Operational requirements terminations procedures can be implemented on the grounds of economic, technical or structural reasons. It is therefore important to remember that this process is not only used when a business is facing financial problems but a profitable company can implement this process to increase profits further by changing the structure.

 

The process to be followed when dealing with operational requirements is one of consultation. This consultation process is set out in Section 189 of the LRA, and the process must commence when you contemplate the possibility that an employee may be terminated due to operational requirements.

 

You cannot engage with an employee and advise him/her that they are going to be terminated due to operational requirements – you must consult in good faith with a view to avoiding terminations, minimise the number, change the timing, and mitigate the adverse effects. Furthermore, you must consult on the selection criteria to be used, as well as severance.

 

Failure to consult properly can lead to an operational requirements process being procedurally unfair – so make sure you understand the nature of the consultation process.

 

Your weekly quiz

Are you up to scratch with operational requirements terminations? Let's find out! Test your knowledge now with our latest feature: the weekly quiz!

 

Have a great day and week!

Regards,

Andrew

 

Your fact of the week

"One in four South Africans use social media for job hunting."

 

Have you seen our latest templates?

Disciplinary policy

Grievance notification

 

From the forum

How long should one should keep HR records (Payroll / contracts / personal files, etc.)?

 

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“I do enjoy reading all your mails as I feel I sometimes might have a question and then it is discussed that I can only learn from this.”

- Elize Groenewald, Blue Marine Frozen Foods

 

“Thank you so much for the links and the advice, it will definitely assist me in my preparations. The speed of your response is highly appreciated.”

- Robert Hendricks, Health Systems Trust


Get Social

Facebook

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Email

 

 

 

 

Your News Update

SEF to launch medical scheme for disabled workers

 

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